Sources of UK Constitutional Law: Statutes, Common Law, Conventions, and More
The UK's uncodified constitution draws from five main sources:
- Statutes (Acts of Parliament) – Supreme legal authority. Key examples: Magna Carta (1215), Bill of Rights (1689), Act of Settlement (1701), Parliament Acts (1911, 1949), Human Rights Act (1998), Scotland/Wales/NI devolution acts.
- Common Law – Judge-made principles: rule of law, separation of powers, judicial review, prerogative powers, fair trial rights.
- Constitutional Conventions – Non-legal but binding political practices: PM must resign if losing Commons confidence; monarch grants Royal Assent; Cabinet collective responsibility; Salisbury Convention (Lords don't block manifesto commitments).
- Retained EU Law / International Law – Post-Brexit, the European Union (Withdrawal) Act 2018 converted EU law into domestic "retained EU law." Ratified treaties (ECHR, UNCRC) create enforceable rights in UK courts via the Human Rights Act.
- Authoritative Works – Treatises by Dicey, Bagehot, Erskine May, etc., guide interpretation but are not law.
Together, these create a flexible, evolving framework where Parliament is sovereign but politically constrained.